allow it. bill, back to you. bill: there are a few other matters the judge will address today. tell us about that, alicia. >> reporter: yeah. judge william sylvester will also address the motions by the defense as well as by the media. 20 media organizations including fox news are requesting that records relating to the case be unsealed arguing that the public has a legitimate interest in knowing what actions were taken by multiple officials in the case including information relating to dr. lynn fenton. she is a psychiatrist at the university of colorado medical center, who according to court documents was treating holmes and to whom he sent a package. fox and other news outlets said that package contained a notebook which holmes reportedly dei would at that the killings. the defense has filed a motion that package be turned over immediately. bill: a lot to go through. alicia acuna thank you. the deeper it gets. more coming up on the story. holmes would potentially

face hundreds of charges today. plus what about his behavior in and outside of the courtroom? is it an act? our panel will debate that. heather. heather: three of the victims were laid to recent over the weekend in three different states including the man who seized his girlfriends life by shielding her from the bullets. matt mcquinn dove in front of samantha lawler. jessica ghawi was remembered by friends and family. 200 people attended a private service for air force staff sergeant jesse childress. he remembered at air force base in aurora, colorado. more funerals are scheduled this week. governor mitt romney landing in poland a short time ago for the last leg of his whirlwind three-nation tour. the gop presidential candidate spent the last 36 hours in israel making a

stop at the whaling wall where he offer ad prayer. he stopped at his to visit his old friend, benjamin netanyahu and made a speech in jerusalem where he had tough words for iran. >> make no mistake the ayatollahs are testing our moral defenses. they want to know who will object and who will look the other way. my message to the people of is rainfall and leaders in iran, is one and the same, we will not look away, nor will my country ever look away. we have a solemn duty and moral imperative to deny iran's leaders to follow through on their ma left learn intentions [applause] heather: carl cameron is with governor romney and joins us live on the phone from poland. good morning, carl. >> reporter: good morning. greetings from the romney motorcade where we touched down a short while ago. mr. romney is heading for meeting with the polish

prime minister. that will take place first. he has a very, very busy day here. he will be visiting a memorial where the first shots at world war ii were fired and later today he will meet with lech walessa. the iconic cold war figure credited with many ways that led to the domino effect that led to the soviet union. mr. romney specifically chosen poland because he wants to communicate a whole host of things he finds particularly appealing poland. it is outside the eurozone and in romney aides view highlighting to americans because they have been disinclined to participate in a lot of the government regulation and tax raising mr. romney sometimes referred to as european style socialist government. mr. romney will point out that poland has been a very strong ally of the united states as much of this trip is meant to do to point out the u.s. relationship with strong allies and his desire to continue to reinforce and

compliment that. he will point out poland is in fact the third largest contributor to the effort in afghanistan only behind the u.s. and great britain and. so all of this is really meant to illustrate mr. romney believes poland is a hallmark of the type of ideals he would bring to the world as president of the united states. there is implicit criticism of the bush administration --, excuse me the obama administrations that the mr. romney has not criticized the president overseas. there is tension between the polish prime minister and president obama and as well as in the past with lech walesa and president obama and that will not be ex-plex italy expressed here. heather: carl cameron on the phone this morning. he is ending with poland possibly because the mate toe member is an important ally in europe and is the likely sight of the land-based missile defense interceptores

in 2018. poland is the economic success story being the only eu success story that did not suffer a recession after the 2008 crisis. it's a small country. just 38 million people with a land mass roughly the size of new mexico. bill? bill: heather, thank you. there is a new crisis that may be in the works for america's largest automaker. the obama administration taughted the $50 billion bailout of general motors as a story of success. there is a new report that gm is fueling seals by realizing on risky subprime loans. stuart varney, host of "varney & company". hope you had a good weekend. good morning to you. what is gm doing? >> gm is in crisis as we speak. they just fired their top global marketing guy and last week they demoted the top european official and the top global manufacturing official and now as you said, bill they have got this new report, 93% of the loans that general motors is making to buyers aring go to

subprime, risky buyers. 93%. as of right now on wall street the stock is below $20 a share. it has to be at 53 before they can repay all of that money. so they can't repay the government loan to them. they can't exit from bankruptcy. and president obama is going to have a hard time claiming real success with the bailout of general motors. bill: back up a little bit. the subprime loan goes to whom? what kind of consumer would get one? >> if you have a fico credit score of less than 660 you are considered a subprime borrower. 93% of the loans gm is making are going to people with a credit score less than 660. the number of people who are getting loans with a score below 540. that is really risky buyers that number is rising very, very rapidly. gm is pitting sales hopes on very risky borrowers. bill: hoping they pay it back?

>> hoping they bay pay it back and they get a goose in sales quickly which is not happening. just go back aways and you will find president obama really going after predatory lending, unscrupulous lenders and now, general motors is doing precisely that. pushing subprime loans to risky borrowers. bill: you also said something there. $53 a share has to be the stock price for the taxpayer to get their money back. >> yes. bill: and right now 18 bucks a share? >> 18.19. bill: a long way to go. >> taxpayers own half a billion shares. 500 million shares. it has to get to 53 before they can repay 26 billion the gm owes the taxpayer. bill: stuart, thank you. a long way to go. that is more than double, right? like 2 1/2 times. >> that's correct, sir. bill: see you at fbn at 9:15. here is heather with a bit more context. heather: with son math,

bill. how much money did you fork over to save general motors? president bush signed off an $13.4 billion at the end of 2008. this came during the height of the financial crisis. in the spring of 2009 president obama pumped another $36.1 billion into gm. add all that up, can you do the math quickly? not quick enough? that comes to 49.5 billion taxpayer dollars. bill: you did it in your head there. heather: no, i did it in the prompter. bill: watch the story in states like michigan and ohio in november. we're 99 dice from the big vote. heather: 99 and counting. bill: a packed show. split decision in the cheney family. has to do with sarah palin and the pail lines and the cheney. how the former alaska governor is dividing the vice president and his daughter? we'll look at that. heather: a dozen wal-mart stores evacuated in two states. phone calls that had police on high alert. bill: a fiery speech from a house republican that

brought lawmakers to their feet and chants of usa. is big government saving small business or killing it? we will debate this message. >> you want to talk about creating jobs in america? when you want to see a nation that doesn't want to participate but wants to dominate in the world market, let them rise. take the heavy boot off the threat of america's job creators and let them breathe. [cheers and applause] kate and i have been married for 15 years. that's 3 moves, 5 jobs, 2 newborns. it's no wonder i'm getting gray. but kate still looks like...kate. [ female announcer ] with nice'n easy, all they see is you -- in one step, nice'n easy with colorblend technology,

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heather: welcome back. supreme court justice antonin scalia, leaving the door open for room for some form of gun control. in an exexclusive interview with chris wallace on "fox news sunday" he says the constitution does leave the possibility of limitations of weapon sales. >> yes, there are some limitations can be imposed what they are will depend on what the society understood were reasonable limitations at time. there were certain location limitations. >> what about the technological limitations? we're not talking about a handgun or a musket. we're talking about a weapon that can fire 100 shots in a minute? >> we'll see. heather: the issue of gun control has been back in the spotlight since that mass shooting at a colorado movie theater on july 20th. bill: 15 minutes now past the hour. did we mention it is 99 days and counting and a new controversy surrounding

former vice-presidential candidate sarah palin. the former vice president dick cheney was asked about her saying john mccain should not have chosen her as a running mate in 2008. >> i like governor palin. i've met her. i know her. she is attractive candidate but based on her background she had only been governor two years. i don't think she passed that test. >> being ready? >> being ready to take over. and i think that was a mistake. bill: that was on abc. mr. cheney's daughter liz tweeting shortly after that. rarely do i disagree with the best vp ever, meaning her father but sarah palin is more qualified than obama and biden combined. huge respect for all she has done for the g.o.p.. stephen hayes, senior writer "weekly standard", fox news contributor. how do you look at this. >> i think it is interesting. if you look at vice president cheney's comments he was answering a question

i can't tell you how many times over the year he gives you a blunt answer. tells you what he thinks. i look as more of a statement in his belief in experience than some gratuitous shot at sarah palin. look at the way vice president cheney put together a list, a short list for president bush in 2000. it was filled with people who had vast experience, particularly at the federal level. so i think it is more about experience than it is about sarah palin as a person or as a candidate. bill: senator mccain was on "fox and friends" earlier today and brian asked him specifically about this. he was on with senator kelly ayotte. listen to how he answered that from two hours ago. >> i'm always glad to get comments four years later. look, i respect vice president. he and i had strong disagreements whether we should torture people or not. i don't think we should have. but the fact is that i'm proud of sarah palin. i'm proud of the job she did. i'm proud of the job she continues to do. bill: that seems to be his

consistent answer, from senator mccain. >> a bit of a non sequitur there from senator mccain, suggesting that dick cheney is pro torture. setting that aside i expect senator mccain would get his back up when somebody criticizes his choice of vice-presidential pick. he consistently defended her all alone whether in a format on late-night funnyman shows or talking about it in a serious format. i expect he will continue to defend his pick. bill: back to liz cheney though, in his tweet, is she necessarily disagreeing with her father? >> i didn't read it that way. she says i rarely disagree with the best vice president but then goes on to say president obama and joe biden were less qualified than sarah palin. i think you probably get the same response from dick cheney if you pose that question to him. there is no question that dick cheney voted for sarah palin and john mccain in 2008. he said so in the past. i think they may be more in agreement than disagreement.

bill: one could argue, when she was chosen she interjected a lot of enthuse a.m. into -- enthusiasm into senator mccain's campaign at that point. >> no question. she was beat up unfairly by the mainstream media. talking to brit hume last week, one of the things he said republicans could have put abraham lincoln ton the ticket in 2008, it was unlikely to make a difference in part because of the financial collapse we saw in mid-september. this was a case where it didn't matter ultimately who was on the ticket. the circumstances would determine the outcome. bill: go to dick chain necessary overall -- cheney's overall point. he headed two different committees during his time in washington he was vice president for eight years. his overall point when you're governor two years or less that does not qualify you for the big and ultimate job. >> absolutely. this is somebody who put premium on experience over his entire career. he was 34-year-old chief of

staff in the white house. he understands what it is like to have a high level job without much experience. because of that fact, as he spent his time in washington and accumulated a number of these high level jobs he put a premium on experience because in his view the more you knew the better decisions you were likely to make. bill: is this person capable of being president of the united states is the question the way he answered that question from john karl at "abc news." we await sarah palin's latest tweet. thank you, steve. stephen hayes in washington. >> you got it. >> 20 past. heather. heather: a shocking new report claiming u.s. diplomats wasted 1 hundreds of million of dollars in iraq. we'll tell you where your tax dollars went. bill: they were looking for a thrill. latest on a roller coaster ride who got a bit more than they bargained for. heather: scary stuff. ♪ .

bill: at 23 minutes past the hour now. a government official saying 47 people have died from a fire on a train in southern india. 28 others were hospitalized with burns. officials say aing a short-circuit in the coach might be to blame. from uganda a health official says six more patients suspected having ebola have been hospitalized. a warning to prevent it from spreading to more villages in the country. powerful storms hitting close to home hitting in pennsylvania. strong winds and help rains knocking down trees and electrical lines across the state. thousands without power in the philadelphia area. that was a big, big storm,

philadelphia and up in new jersey and new york. we all felt a little bit of that. swirling out there. way it goes. july, right? heather: clearing up, yeah. okay. so your tax dollars going down the drain in iraq? the state department funded a huge project to train the iraqi police after u.s. troops left the country. that was last december. but an audit find that u.s. diplomats squandered big bucks on the program. steve centanni is live for us in washington. good morning, steve. >> reporter: good morning, heather. heather: how exactly did this happen? >> reporter: part of the u.s. commitment to iraq after pulling combat troops out last year was to continue training the iraq which police. there was one big problem, the iraqis never wanted that program and left the u.s. state department on the hook for millions of taxpayer dollars. all this is spelled out in a new report by the special inspector general for iraqi reconstruction. it says in part, while obtaining commitment to the planned police development

program has clearly been difficult, the decision to embark on a major program absent iraqi buy-in has been costly. well, just how costly? that is also outlined in this report and it says, u.s. funded $108 million baghdad police college is now being turned oaf to the iraqis the u.s. also is giving up a $98 million training site in the southern city of basra. which according to the report adds up to a de facto waste of $206 million. that report was released today, heather. heather: steve, where does this leave the u.s. efforts to help iraq? >> reporter: it is unclear since iraq didn't support this program what might be done in the future. the u.s. spent $8 billion training iraqi police since the 2003 invasion but the report says this latest effort showed, quote, mixed results. the training is supposed to be the centerpiece of the u.s. effort to continue helping iraq and it was the

largest state department expenditure anywhere in the world. despite all the training, iraqi police remain vulnerable. six were killed just yesterday. nine more wounded in bombings and shootings in the former al qaeda strong hold of fallujah. heather? heather: thank you, steve. not the outcome we're looking for when you spend that amount of money in. thank you. bill: 26 minutes past. there is a new video that shows a pivotal battle in this war in syria. the fight is on for control of the country's largest town and the rebels are apparently holding their own. what does that mean for the country's leader? we will take you there live. heather: plus a congressman rocking the house with a rousing speech on job-killing red tape and bringing lawmakers out of their seats. >> they are not democrat jobs or republican jobs or independent jobs or libertarian jobs. they are american jobs. >> here, here. >> if you want this country to thrive and not just survive then please start playing the game by the rules and stop this ridiculous mockery what it

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bill: fox news alert now on these new attacks in syria today as the opposition forces have reason to celebrate they say. heavy fighting in the town of aleppo. rebels say they captured an army tank during fighting there. they denied government claims that they suffered crippling losses in an assault over the weekend. difficult to verify any of this frankly because so many are kept out of the country. dominic di-natale live in our middle east bureau. what can we report now in the fighting as of today, dominic? >> reporter: bill, what we're hearing today is that the regime is bearing down with overwhelming fire power on rebel positions in the city. very much in the same method they used in damascus. they're using mia helicopters made by russians and much more lethal hi-25 helicopters which carry

everything from gatling guns to rockets. there was also heavy artillery. rebel positions pounded with shells with 240 millimeters in diameter. that is massive. rebel fighters say they very much control large swaths of the city although that can not be verified because the regime is saying exactly the same thing. bill: we heard about some of assad's ranking army officers defecting. any news on that, dominic? >> reporter: absolutely. we hear another brigadier general flowed overnight into turkey with a group much other officers. this brigadier general in specific was deputy chief of police in a pivotal coastal city on the mediterranean there. the u.s. always said that defects from the military will ultimately add to the attrition against the regime and ultimately undermined him. at the end of the day as army officers continue to defect abroad, that obviously will rally troops and ultimate fear is for the

regime there will be so many that do defect they will turn around and reinvade the country and that will bring down assad, bill. bill: meantime the conflict continues. thank you for that from jerusalem. to let our viewers know about the geography in the area. here is today cast us -- damascus in the and the town of aleppo. here is where all the fighting taken place in aleppo. aleppo a huge town, said to be the size of the city of chicago. it is evenly 40 miles south of 450, 500 mile border with turkey. aleppo is transportation, an industry hub in syria. what you would see a little closer on other maps were two, maybe three border crossings that have been closed at times and then reopened yet again but aleppo is the center of the action right now in syria as we move in now on some 17 months of this conflict continues. 33 minutes past the hour

now. here's heather. heather: tough words from a new hampshire senator kelly ayotte. she is blasting democrats for basically using the military as blackmail. she says the president needs to take a leading role in figuring out how to resolve the defense cuts issue which would force the pentagon to cut $500 billion over the next decade. >> it makes me sick some in washington, particularly, you know, some of the senate democrats, want to play, even our president unfortunately want to use our military as a bargaining chip. >> tennessee congresswoman marsha blackburn serves as a deppity whip for the house and is on the house and energy commerce committee. she joins us now. thank you for joining us. >> yes, ma'am. good to be with you. heather: senators john mccain, lindsey graham and kelly ayotte who we just heard from, they're all visiting my home state of

north carolina a huge swing state, huge military population. they're disagreeing with the defense cuts heading to virginia and florida. sticking to the north carolina alone, that state will lose health screenings, education, senior nutrition, veterans services and employment help worth more than $100 million. so what does is at stake if these cuts go into effect? >> well, first of all, i was in north carolina a couple of weeks ago, heather and, they are talking a lot about these proposed cuts and are very concerned about that for the military families. and the way it affects the families is the readiness and the deployment skills. and as you said, these are going to hit every area of other military expenditures. we want to make certain that our men and women in uniform have what they need to redeploy and i have to tell you, the senator is right

when she is blasting the administration for the way that they have approached this and for the lack of willingness to come back to the table. you know the way we started through this sequestration process and the cuts was to make certain that we reduced what the federal government spends. there is plenty of places that you can reduce federal government discretionary spending, and you can meet the obligation that we need to meet to our men and women in uniform. heather: we're looking at live pictures of senator graham gram as he speaks in florida. there is alternate plan. >> yes. heather: positive romney says his plan would reverse the military spending cuts since president obama came into office. maintaining defense funds, a minimum of 4% of gross u.s.

domestic product. another additional 100,000 active troops and enhance missile defense. basically $1.2 trillion the next 10 years. that is more than the military has asked for. how would we pay for that? is that feasible? >> it is feasible and one of the things government romney understands, when these contracts are terminated they don't come whack. you are back to square one on these. there are readiness components that need to be kept in the pipeline for our men and women in uniform. heather, one of the things i think we should do is go eliminate some of the gsa funding, go eliminate. these 16,000 irs agents that are going to be there to implement obamacare. we do not need to be giving pink slips to our men and women in uniform. the end strength of our troops can not take what would be necessary to draw down that active fighting

force. so for keeping that end strength, keeping the readiness components there, taking care of the families, we need to make certain that we are investing in our military superiority and our military strength. heather: you mentioned some of those alternatives but to be clear the military cuts, they were agreed to last summer by congress alongwith president barack obama after the so-called super-committee couldn't come to terms so the budget control act passed with that automatic cut going into effect. >> that's right. heather: so the thing is how conceivable is it that we come to terms and come to agreement now? >> you know, we're going to keep working on it until we do come to an agreement because you're right, we were at the table working on a solution and the democrats, led by nancy pelosi and harry reid, left the table. the president left the table. they need to come back and work on this and make some

of these spending reductions in the discretionary spending components in our budget, so that you are reducing the areas where they can. i pointed out epa, gsa, irs, these are areas, there is, hhs. plenty of places that you can begin to reduce the spending. budgets are about priorities. expenditures are about priorities. we are spending too much money on programs we do not need or want. and it is money that we don't have. heather: also about that fiscal cliff that we are spiraling towards. >> yes it is. heather: thank you so much for joining us congresswoman blackburn. >> good to be with you, header, thank you. bill: on monday morning did you see what happened on friday? the dow was booming for a couple days last week. up about 188 on the close friday. breaking and finishing above 13,000 for the first time since early may. watching the markets right now. just teasing right now.

it is up four or five points. it is early. we'll see which way we go. heather: early and police on high alert in several states after threats on a dozen wal-mart stores. the phone calls that put officers in action. bill: a standing ovation for one fired up congressman on the floor of the house. we will debate this message. >> i urge all my colleagues on both sides of the aisle, this is not a left or right issue. this is an american issue. i urge you to rise today and vote for hr 4078. let's let america get back to work! our current dividend tax rate will expire this year, sending taxes through the roof and hindering economic recovery. the consequences? millions of americans will see their taxes on dividend income spike, slowing investment in u.s. companies and jeopardizing development in energy projects that create american jobs.

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crispy granola, layered with creamy peanut butter or rich dark chocolate flavor. 90 calories. 100% natural. and nature...approves. granola thins. from nature valy. nature at its most delicious. heather: listen to this. a string of bomb threats forcing the evacuation of a dozen wal-mart stores across the country. the threats reportedly called into eight of the discount chains in missouri, three in kansas and one in oklahoma. the first call came in on friday claiming an explosive was planted at one of the stores. no problems were found but

one shopper describes the panic that he saw. >> we pulled into the parking lot and we see people running and walking out of the wal-mart mixed with employees. so we didn't know what was going on. pulled out my camera and just seen, took some pictures. and then, a lot of people didn't know what was going on. even employees. they were being rushed out. heather: i would certainly be scared. no arrests have been made so far but wal-mart is working with police to find those responsible. bill: a standing ovation on the floor of the house doesn't happen often, does it? pennsylvania congressman mike kelly, republican, bringing colleagues to their feet with a stirring speech on small business in america and what it faces. here's some of that. >> we are talking about are not red jobs or blue jobs. they are red, white and blue jobs. they are not democrat jobs or republican jobs or independent jobs or libertarian jobs. they are american jobs.

>> here here. >> if you want this country to thrive, and not just survive, then please start playing the game by the rules and stop this ridiculous mockery of what it is that we do here this town. we are so out of the touch with the american people. you know what all of this does? it adds layer after layer after layer of cost. that cost is ultimately paid for by the american consumer. you want more revenues? let the tide rise for all boats. let us be able to not only survive but to thrive. i urge all my colleagues on both sides of the aisle. this is not a left or right issue. this is an american issue. i urge you to rise today and vote for hr 4078. let's let america get back to work with. with that i yield back. [cheers and applause] >> usa! usa!. bill: in the spirit of the olympic games you hear usa

from both sides. rich lowery, "national review" and kirsten powers, "daily beast". i understand the usa chants were both republicans and democrats. i don't know last time we saw. what did you think about the basic message, rich? >> i thought it was a rousing speech. the basic message is right. you have a very soft economy which makes, makes even less sense to pile new regulations on top of business to make the job of hiring people even more difficult than it is. and the obama administration has just been setting records on that front. bill: what is he saying they're being held back. if you want to create jobs, what was his quote. hang on. take the heavy boot off the throat of america's job creators and let them breathe. kirsten, you, did you say it was phony issue or was not an issue? what was that? >> i think the fact that democrats were cheering i don't think it is a phony issue. i think it is phony partisan issue, the idea only

republicans would want to cut regulations or somehow democrats delight in regulating small businesses i think is a phoney issue. --. bill: so you agree --. >> regulation is a problem. bill: you agree with his premise the regulation is too much? >> sure. if you know any small business owner you will always hear nightmare story what is they have to go through because of government regulations and how much money and time they have to spend on it. so i don't disagree that regulation, some regulations need to be cut. bill: why doesn't the white house do something about that? unemployment is above 8%. >> i'm not, actually in terms of the connection to unemployment i'm not necessarily sure i buy that argument. i don't think that is what is driving our unemployment. it is a much bigger issue, a global issue in fact, than just cutting regulations. but you know, i don't disagree with the idea that some regulations on small businesses need to be cut. at the same time i think we

need more regulations on some big businesss. bill: take the first point, you agree with what rich is saying. that is what i hear. >> it happens sometimes. every now and then. >> but look, i mean the obama administration, first 26 months there are 75 major new regular layings costing -- regulations costing $40 billion. why in a really soft economy would you want to layering more burdens on to business. it makes no sense. i think republicans have a very strong race for regulatory moratorium, stopping all regulations until unemployment is at a decent level again. 6% is in that bill congressman kelly was promoting on the floor there. bill: by the way mike kelly went to university of notre dame. on football and academic scholarship. took over his dad's automobile dealership in bones vain. it was a cadillac chevrolet dealership. to determine who is qualified borrower for a loan. they renovate ad local

baseball park but the mirrors and rest rooms were a quarter of an inch too low which would seem to indicate, installed them incorrectly. had to take them down and put them back up again. this is the kind of thing that is driving people crazy kirsten, today. >> like i said, i don't know a lot of americans, regardless of political party will say yes, let's have lots of government regulations where they tell you how to hang a mirror. that just seems to me to be obviously stupid and a waste of time and kind of an infringement on people's basic judgment. unless somehow has something to do with making it handicapped available or something like that. i mean there are times when there are reasons to have some regulations. but, there is no question that there are often too many things that the government involves themselves in. i just moved into d.c. i have had to deal with a lot of government regulations that are quite annoying. >> make sure your mirror is exactly right height.

bill: rich, one more point, he said if you want to raise revenues, not refer to raising taxes let the tide for rise for all boats. >> taxes aren't lower than the bush administration but levels of revenue are extremely low, 15% of the gdp is because the economy is so soft. first order of business everyone in washington should be focused on making this economy grow and not further burdening business. and then a whole bunch of other things become easy if we get that. bill: ultimately get to the same point in the end as kirsten says. it happens sometimes. so shake hands. see you rich, see you kirsten. thank you for coming in today. all right, heather. heather: a new government report suggesting that the jobs situation in this country will not get any better anytime soon. we'll break down the numbers for you. bill: also, scorching temperatures drying out vast amounts of land, plunging half the country in a severe drought. we'll take you live to texas

to see how they are coping this morning. ♪

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♪ . bill: saying good-bye to the oldest general store in the united states. it is called gray's. it is in little compton, rhode island. went into business in 1788. 224 years later it is closing. it has a new owner, aged 21, inheriting the story after his father died a month ago. the new owner, the son, says he wants to be a sports

journalist and will sell the property. heather: that makes me sad. sad story. severe drought in the u.s., getting even worse. take a look at this. the federal government designating another 76 counties as drought disaster areas. that brings the total amount to 1400 counties across 31 states. the lack of rainfall taking a terrible toll on american farms with crops baking in the sun. casey staying gel is live in garland, texas. i imagine pools are pretty popular on a day like today, aren't they? >> reporter: that may be an understatement. i am baking as i'm waiting to go live with you. it is not even 10:00 in the morning it is already push 90 degrees. if you're lucky enough and you don't to work outside in it, you pretty much have two options, one stay indoors with the air-conditioning or two, go for a swim. we're at hawaiian falls

water park in north texas. typically on summer day they have 2000 people. yesterday, today they have about 3,000. and texas is not alone, by the way. triple-digit temperatures in the forecast for oklahoma, kansas, missouri and arkansas. heat advisories and extreme heat warnings are in effect for much of the south-central united states with no reprieve in sight. hot, hot, hot all week and heather, some people say again, that is part of living in texas, in july and august. heather: this certainly doesn't help the drought conditions though, on a serious note? >> reporter: yes, very serious note. that is a story that is not going away anytime soon just as you said. the u.s. drought monitor reporting that 46% of the united states in severe to exceptional drought. the number is much higher when you look at statistics from the palmer drought severity index, more than half the country in the u.s., and this will have big

impact on food prices as well, heather. heather: casey stiegel, from garland, texas, you shouldn't have opted a black shirt in the heat. >> reporter: bad choice of color. heather: thank you, casey. bill: we had a lot of rain here. if you give them some. 99 days before americans decide who wins the white house in the next four four years. new poll shows that mitt romney leads barack obama in three key areas. brit hume will analyze that. heather: the suspect behind the movie theater rampage back in court for the first time. we will learn about the charges he now is faces ars. in florida we had more suntans... ars. in alabama we had more beautiful blooms... in mississippi we had more good times... in louisiana we had more fun on the water. last season we broke all kinds of records on the gulf. this year we are out to do even better... and now is a great time to start. our beatches are even more relaxing...

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it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. bill: 99 days from election day when voters will decide who will run the white house for the next four years. romney leads president obama in three key areas. a whole new hour of "america's

newsroom." a lot of the polls are so tight, neck-and-neck. i'm bill hemmer. how are you. >> i'm heather childress in nor marthfor call. heather: and average ever the polls shows everything is even and they have been for months. bill: brit hume on a monday morning, on monday's with brit. good morning to you. this is the poll that came out from the lil' in washington d.c. stronger leader shares your values, more honest. mitt romney leads barack obama in all three categories. leadership and values and honesty. what does that say? >> the first thing i say about it it's a likely voter poll, which means it's deserving of more weight than a lot of these other polls that just poll registered voters, many of whom won't vote, or all adults of

whom many won't vote. it's a big plus for romney. despite the gap in likability, which the president enjoys, it's a big gap, 20 points or so on who is the more likable person, it suggests that people find qualities in mitt romney that they expect and hope for in a president and would be willing to therefore vote for him. bill: that is interesting. point number two on this. this race has been so tight ever since governor romney got the presumptive nominee title. what would explain that? >> one thing that did help him, bill, right after the republican primary season in effect ended back in pennsylvania romney crept up in the polls for a while, i think not having his fellow republicans beating on him for a while helped him i. think people's focus on this is a little bit distant at this point, and the effort by the obama people to paint romney as this evil corporate raider and so on has not worked very well, and that has allowed romney to

stay about where he was. nothing has happened, in terms of the economy, or the other developments in the world that would help obama phoufp a move up at all. so i think we have a situation which is a fairly static election and we're probably not going to see major shifts if we ever get any until after the conventions when people's focus begins to sharpen. bill: that suggests september into early october. go back to the likability factor you mentioned in your first answer. how do you figure that into your analysis of how america votes if barack obama is up 20 points in that category? >> people sort of have a reflux for the inc incumbent. there is a certain weight an incumbent carries. i think being an incumbent is a greater burden than an

advantage. this has given the president some bo b outside, ncey. i think people are broad of him in many ways, they are proud that an african-american rose to the presidency. they are proud that the american people elected him and they are not quite ready to give up on him, that's what the convention is about. >> that's what the convention is all b. >> people will perhaps see romney in larger focus. it will be the focus that romney and his team create, the frame in which help place him at the convention, and perhaps we'll see how well that works, that will be in some ways a test for romney. but i -- my sense about this is in the end this election is going to be about president obama and what romney needs to do is to appear to people to be an acceptable alternative. if people decide they want to

make a change. the numbers you've cited in that first poll from the hill, about character and so on, suggest that romney has made some gains in areas where people would look to say, is this an acceptable alternative, or is this somebody i'm afraid of. bill: thank you, brit, we will we. heather: we heard about this word this morning that former president bill clinton will have a key role at the democratic national convention. president obama personally asked the former president to speak. he'll have a prime-time address on september 5th, the night before president obama accepts the nomination. it was four years ago at the convention that the former president endorsed mr. obama. you may remember that after a very public and bitter primary fight with his wife, hillary clinton. bill: a comment president obama made about american entrepreneur fielding a republican campaign said we did build this. three of the biggest names in the badger state.

congressman paul ryan, senator ron johnson and rapb panc rapbs preibus. >> we are ordinary americans trying to fix what is wrong with this country. bill: they say that mr. obama's original words have been distorted. >> the president's message is that he has provided 18 different tax credits to build small businesses. bill: expect to see more of these, we did build this tours in the days ahead. five minutes past. heather: meantime a serious new blow for the u.s. economy. new numbers released by the office of management and budget now projecting that the u.s. unemployment rate will remain

above 7% until at least 2015, and they say that that number is not expected to dip back down to pre recession levels until at least 2018. skwrer reus willijerry wills is the host of the willis report on fox business network and she joins us with insight. thanks for being here. >> this is really the worst economic recovery we've had in memory. it's never been this slow and it's bad as it can be for u.s. workers. let me give you a couple other numbers you didn't have. 7.7% unphroeup unemployment in 2013. the year after that 7.3. you showed in your charts it goes down to 5.4% at the end of the term of whatever president is in office. that number is a number we haven't had for ten years. this is a lost deb aid for american workers, a real tragedy for people out there who have been working for work.

heather: they say some of the trends reflect recent economic data. >> you bet. we just saw gdp constrict to 1.5%, that is not growth, that isee people i can, tha is anemic. we had ten consecutive quarters of growth of earnings for companies, but now in the third quarter for the first time in ten quarters analysts are predicting that earnings and revenues will fall not grow. that is not good for workers either. if companies aren't expanding they can't hire people. there is a bleak outlook for jobs growth. i know there is a lot of pwhrus sterg on botpwhrus blustering, but when you look at the economic numbers not good. heather: you can catch jerry on the willis report we can nights at 6:00pm eastern only on the

fox business network. bill: right now unemployment 81.2% national lease, it has not dipped below the 8% mark in almost two years and 42% of those currently receiving unemployment have been out of work for 27 weeks or more. heather: that is tough. tough stuff. governor mitt romney with some strong words for iran while standing side-by-side with israeli leaders. we'll take a look at what the presumptive republican nominee said and how this could shakeup the race for president. bill: we are awaiting the rival of the accused colorado gunman to be back in court. he will formally be charged today and the massacre inside that theater. we'll look at his mental state. how could an insanity defense play out in this matter. heather: a roller coaster ride at an amusement park not so amusing for these folks. we'll show you what happened.

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disneyland the site of one of the shootings. the mayor of anaheim announced that the u.s. attorney's office and the f.b.i. will be looking into both of those incidents. heather: accused movie massacre shooter james holmes set to hear the charges against him in a colorado room. the hearing set to get underway in just over an hour. attorneys also set to argue about the package that the former grad student sent his psychiatrist, saying that it should be allowed as evidence. but legal experts agree on one thing, this case will be about insanity. >> this is going to be a case where the focus is going to be on his mental state, his mental state during this process, in terms of whether he is competent to even go through this process now, and his mental state at the time that he committed these acts. heather: arthur aidala is a

knocks news legal analyst and former prosecutor. let's talk about this package, should it be admissible? >> in the defense is going to go with an insanity defense then it's 100% admissible, because now you're talking about a relationship with a psychiatrist that has to do -- i mean a psychiatrist -- i mean by definition it has to do with your mental state, correct? so if he's saying that his mental state was so altered at that point and just so the viewers know it's basically -- the insanity defense is you didn't know the difference between right and wrong. i mean that's an ideal insanity defense. so if he's writing to a psychiatrist awful thes all of these things it will be interpreted by both sides. the psychiatrist will say, see how smart he is, see how much he

knew, therefore he was sane. the defense is going to say, he didn't know what he's doing, he wrote these things, you can't interpret what he said. it doesn't make any sense, he was insane and he shouldn't go to a jill for the rest of his life, but to a mental institution. >> dr.~ archer you are a psychiatrist, what do you think, should it be admissible the package itself? >> it should not be admissible right now. who knows what is in the package. it could have all things about his life that have nothing to do whatsoever with this shooting. on the other hand i agree with arthur. if the defense is going to proceed with an insanity defense, then this is absolutely admissible, because, look, this is going to determine his mental state at the time of the shooting, and the first thing you have to establish is this guy was psychotic and you don't want that to be the first time he was ever sigh could the teufpblgt you want to say, yeah, for six months he was psychotic, this psychiatrist tried to treat him, gave him medications,

nothing worked, he deteriorated to this point. heather: you both say if, what other defense could they use? >> i agree with you, heather, i don't know if god forbid i was assigned to represent this individual, and people should know tharbg the lawyers wh that, the lawyers that represent him are assigned. they get a call from the court because they are on a list. and it's congratulations, you're assigned to represent him. i don't think there is any other defense, he's there. he's so easily identifiable. he has the ammunition on him, his apartment is there. short of a plea bargain where he agrees and the families agree he'll do life without parole instead of the death penalty, which they are -- i'll be shocked if this morning they don't seek the death penalty, think i believe they are, then they have to go to trial and they'll invoke the insanity defense. and the doctor will tell you how hard it is to be successful with

that defense. heather: i also want to ask you about his behavior in court, dr. archer. first of all do you think cameras should be allowed again. secondly, was he medicated or acting raiseee on purpose? >> yeah, i think cameras in this case should be allowed in the courtroom. in terms of his state in the court appearance last week, i do not think he was medicated. i think this is what a psychotic individual looks like. i mean, he is living in a delusional psychotic world, he's having hallucinations, and this is how they act. so what we're looking at here in my opinion is not going to be so much about insanity at the time of the crime, i which economy tense icompetence is going to be the big issue right now. does he understand the charges against him and can he aid his counsel. if he is found incompetent there will not be a trial. that will be the first battle. >> he stays in jail, heather until he is found competent,

it's not like they send him home and come back later. that's the main point. we have to make sure he's locked up behind bars an can't hurt anybody else. he's found incompetent he stays in jail, if he's found insane he goes to a mental institution which is very similar to a jail especially the first decade or so that you're there. heather: thank you so much. a lot of people looking for a lot of answers. dr. eye cal aidala, and dale archer. heather: som. bill: a critical battle rage tph-s syria. how are the rebel fighters hanging on against a brutal khabg down that we watched this weekend? heather: plus, coming up very soon new fuel standards for cars, what they will do to your wallet. are you receiving a payout from a legal settlement

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heather: welcome back. 21 past the top of the hour. the officers of a major mexican newspaper attacked. masked armed men breaking in, pouring fuel everywhere and lighting it. none of the 15 people working there said to be hurt, though. nasa's newest mars rover on it's final approach to the red planet. it has been cruising towards mars since november and is expected to touchdown next monday. government safety experts trying to tackle a growing problem, people distracted by their smart phones. walking into harm's way. in delaware there are signs on crosswalks that say, look up, drivers aren't always looking out for you.

bill: word to the wise, right, heather especially on a new york sidewalk. it is one of the first bright spots in a bad economy, american car dealers seeing fewer showrooms but more car buyers. the obama administration is set to impose new fuel standards. the proposed standards expected to come tkpwhoup down in a couple of weeks calling for the average gas my ladies and gentlemen to sit 54.4 miles per gallon by 2015, that is just two model years away. the changes are estimated to save drivers about $8,200 on gas for the life of the car but could add $3,000 to the sticker price of a car. steven moore, senior economic writer wall street junior is in chicago today. good morning to you, steve. is this a good idea? >> you know, the cars in the united states have become much more fuel-efficient over the last 25, 30 years there is no question about it, and fuel-efficiency is something

that americans want in their cars, but, you know, it's not the only thing they want, bill. they want convenience. they want safety. and these other kinds of factors. for example, the smaller cars that are more fuel-efficient are less safe, they are less convenient. one of the impacts of these higher fuel-efficiency mandates are that it's going to make owning an suv, any kind of truck or any kind of, you know, range error bigger car for a family more expensive to buy because they oftentimes can't meet the fuel-efficiency standards. my problem here, bill, is i just don't think the government should mandate what kind of cars people buy. bill: that sounds like mitt romney, that's what he's saying. >> i think he's right on that. bill: figure how the what the consumer is willing to drive and put their money into. >> that's exactly right. there is another factor here too, one is that you mentioned, bill, that this was going to on average raise the cost of a new car by about $3,000. a lot of people can't afford that. i mean a rich person can afford

to pay $3,000 more for a car but for a lot of people buying an automobile is one of the most expensive purchases. and adding the higher costs means that you'll price a lot of people oufrt the market. there is another factor that we've known for about 20 years. you've been mentioning safety a few minutes ago. the one thing we do know with great facts behind it is if you're in an accident you want to be in a big car not a small car. the way that the automobile manufacturers have met these fuel-efficiency standards is by purring and manufacturing smaller cars, which by some estimates these fuel-efficiency standards could raise the number of deaths on the highway by about 1500 to 2,000. there is a trade off here between size and fuel-efficiency. bill: why would be big three out of detroit, that includes ford by the way too, why would they be willing to go with this? despite when they know in a it's going to cost them $157 billion

at a minimum. >> i'm puzzled by that. i think part of the reason is they've been so brow beaten by the regulatory agencies they want some kind of certainty. they want to know what the standards are. i think the standards are going to cost jobs, push a lot of people out of the ability to purchase a car, and then there is this issue of safety. and all i'm saying, bill, is why can't these decisions be made by the american consumer? if you want a fuel-efficient car that gets 50 miles per gallon you can buy it if i wants a sports car that only gets 20 miles per gallon why shouldn't i be able to buy that. why shouldn't the individual make that decision, not government regulators. bill: 54.4 miles a gallon by 2025. that's a lot. you can go a long way on that. >> we'll be riding our bicycles. bill: right on. thank you, steve, see you soon. heather: governor mitt romney delivering a crucial foreign policy in israel. what the republican presidential candidate said in jerusalem that

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heather: welcome back, the bottom of the hour and moments ago republican senators wrapping up a town how long meeting in tampa. lawmakers there warning voters about the impact of looming defense cuts and asking where is the commander-in-chief. here is what senator john mccain had to say earlier today on fox anfox & friends. >> this is also what requires presidential leadership. no matter who or what was responsible the president of the united states is commander-in-chief. he's the only one. and if these impacts have the

devastating affects that secretary panetta and all of our uniformed military leaders say he should be in there. he should be talking with us. he should be leading, and he's mia. heather: chief congressional correspondent mike emanuel is covering this for us from norfolk, virginia. what are the senators hoping comes out of this defense cuts tour. >> reporter: good morning, heather. they are trying to apply direct pressure to force the president and their senate colleagues to address these cuts. they are visiting communities like norfolk that would absolutely get hammered should the cuts take effect. here is one of the senators on this tour making her point. >> i think there needs to be wake up call not only across america so we're here to inform america it means nearly a million jobs in the defense industrial base, but as senator mccain has said our secretary of defense has said essentially we'll be shooting ourselves in the head if we go forward in this hal hroeupbg out our force,

jeopardizing you're national security. >> senator lindsey gram also on this tour says there hasn't been enough public pressure so far. clearly between day and tomorrow they are trying to change all of that. heather: we know what these three are saying. what are leading democrats saying about this tour and the broader issue? >> reporter: i thud note, heather that they invited all the sevens from the four states they are visiting. florida, north carolina, virginia and new hampshire. democratic senator bill nelson from florida sent a letter writing quote, when you get right down to it we must have a very robust and healthy pentagon budget for a simple reason, our national defense. nelson goes onto say, you can count on my bi-partisan corruption, that is obviously music to the ears of these three senators that are on tour. some other sepblzs are worrie senators are worried, this close to the election, 199 days out they are worried this may have a political impact -fpblt some of them ar. some of them are not so

thrilled. heather: thank you very much. bill: governor mitt romney spent the last two days in israel. he's presently in poland. while he was in israel he had a private dinner with the prime minister benjamin netanyahu and his wife last evening. the governor is saying that jerusalem should be the kapt tofl israel and insisting the united states has a column duty and moral imperative to standby israel if iran develops nuclear weapons. >> your perspective with regard to iran and its efforts to become a nuclear nation are ones which i take with great seriousness and look forward to chatting with you about further actions that we can take to dissuade iran from their nuclear folly. >> good morning to you. >> good morning to you, bill. >> a do yo couple of headlines from this. one of his aides suggested that the governor would back and israeli strike over iran nuclear

capability. how did this two-day swing go for him? >> i think overall if what he was trying to do was to say, nice, nice, israeli government, i am with you if i become president of the u.s. it went very well. and when you examine what it is that the governor said, there is really nothing, bill, nothing of any consequence that distinguishes him from what it is that president obama has said now for a couple of years, and most pointedly at a recent speech at apac in washington. bill: does that dismiss then is in criticism of the way the president has handled iran, suggesting he has not been tough enough? >> romney has been saying that across the board, all of foreign policy, the president has not been tough enough. he has in effect said, anything but obama. but when you take a close look, or even not that close a look at what it is that he is actually saying he would do with respect to iran, with respect to syria,

afghanistan, any of the major issues confronting the u.s. today, he is taking a very cautious center of the road position, very close to what it is that president obama has already laid out. bill: when you analyze the current israeli leadership and you know about the tension that benjamin netanyahu has had with president obama. >> yes. bill: despite the similarities that you're arguing here, is governor romney better suited to attract more american-jewish voters in november? >> he certainly is making an effort to get jewish voters, evangelical voters who are very much supportive of israel, yes. but if you look down the record over many years now, the democratic party, the democratic candidate has been able to get roughly 25, 26 to 28% of the jewish vote. the democratic -- excuse me, the republican has got even that,

the democrat has got even 75 to 78% of the vote. if the governor feels that he is going to eat into that democratic position among people who would normally go for a democratic candidate i think he's dreaming. the record is very clear, you may be able to spill it one or two points but not significantly. bill: jay carney was asked about this. the whole idea of tel-aviv versus jerusalem and what is the proper capitol for israel and what does the current administration support. the answer sort of meandered. we'll listen to it and i'll ask you about it specifically. >> okay. >> our position has not changed. >> what's the capitol? >> you know our position. >> i don't, i really don't. >> she doesn't know, that's why she asked. >> she doesn't know. >> i don't. >> she does not know. she just said she doesn't know. i don't know. bill: is that clear to you?

>> well, no, what is clear to me is that for so many years now whether a democrat or a republican running for office, seek being the jewish vote, the evangelical vote, what it is that you do is you say, germany is the capitol of israel and that is the way it's always going to be, and that is because that is the israeli position and you're seeking that kind of a voter. however, once in office, once in office, that candidate has always switched positions and the american embassy has always been located in tel-aviv not in srerlz. bill: on jerusalem. bill: one more question. president obama has not been to israel since he's been in the white house. what sort of impact does that have on american-jewish voters? >> i think it raises a very definite question. the question that i've heard many, many times now is if president obama could go to cairo in june of 2009 and deliver a very major speech,

it's a 30, 40 minute hop in his jet from cairo to jerusalem and he should have gone back in 200 the. he chose not to do that. and he's living with the consequences of that. and everything i'm hearing in washington is reelect me and i'll be in jerusalem the next day. that is the court of consequence you get. bill: if you're in the region you visit both places, that has been the way it has gone for decades. >> decades, bill, when you are a candidate, but when you're a president, many presidents, democratic or republican have not rushed to jerusalem once they are in office. for example, george w. bush was a great supporter of israel. bill: indeed. >> but went there only once and if his second term not his first. bill: point taken. marvin kaleb thank you out of

washington. heather: have you heard about this massive black out in northern india. the power grid collapses bringing trains to a stop, forcing hospitals and airports to use generators, and leaving millions of people sweltering in the summer heat. david piper streaming live for us from bangkok, hi land. what caused this and when will power be restored? >> there are hundreds of millions of indians suffering today because they haven't got even all the power back on yet. the real reason for it they don't know. some suggestion is that some of the states are taking too much power off the grid and that's why it crashed. but they've launched a parliamentary inquiry now. the indian government has said in the last hour, they say 85% of the power is back on, a lot of questions are being asked because the capitol of del of deli has had no power for virtually eight hours today. heather: thank you very much. david piper streaming live for us from thailand.

thank you. bill: leon panetta our defense secretary could not be more clear on syria's bashar al-assad saying it's not a question of if but when the dictator goes. what is the dipping point in syria? analysis onhat we can expect there and its impact on the entire middle east which could be significant. heather: plus, this. not exactly the kind of thrill ride these folks were expecting. how long and where these folks had to hangout until help arrived. with my friends, we'll do almost anything.

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crane they brought in was too short. they had to wait for another one. oh, boy f. there is an up side these folks were up right the entire time. the superman ultimate flight ride opened about a month ago and apparently has issues already. heather: now under repairs. i was saying, krypton ii te was up there that's what stopped it. bill: not so super. heather: get it, funny. the battle for aleppo, syrian rebels outnumbered and out gunned showing no signs of giving in as government forces lay waste to syria's largest city and commercial hub. defense secretary leon panetta right now on a five-day tour of the mideast calling the violence and destruction a clear sign that the four-decade dictatorship is coming to an e end. >> it's pretty clear that aleppo is i think another tragic

example of the kind of inch discriminal tphapbthe inch discriminal tphapbt violence that the bashar al-assad regime has committed against its people. and in many ways i think if they continue this kind of tragic attack on their own people in aleppo, i think it ultimately will be a nail in bashar al-assad's coffin. heather: speaking to the use of helicopter gun ships. peter brooks joins us now with more insight. thanks for joining us. >> good morning. heather: lied like t i'd like to know first of all, how is what panetta is saying now any

different than what he's said in the past? >> i agree with you. the question is, yeah it might be a nail in bashar al-assad's coffin but when? this has been going on for 17 months, 20,000 people dead, there is no end in sight from what i can tell. he said this. this has been said before, but i don't see anything really knew in what he said, where is the beef. heather: i did a lot of research this morning trying to find something different and i continue. what different can the obama administration, or should the obama administration be doing right now? >> my real concern is what i'm hearing from the region is that the islamists are getting the bulk of the support. the issue here is yeah the bashar al-assad regime will probably fall, we don't know when or how many deaths will be. what comes afterwards? we need a situation and government that protects advanced american interests in that part of the world. syria is a very important country. my concern is that the islamist -rs getting the bulk of the support from countries such as

saudi arabia and key tar and we will see potentially an anti-american regime after bashar al-assad, so i don't know if things will be that much bet. we should be exerting american leadership, stop outsourcing our foreign policy to the u.n. that's been totally ridiculous. we need to support american interest and find people skwrepbd lee to us and find a which to get rid of this regime. we need american leadership here. we've been very much sitting on our hands, things are happening and we will not be able to shape syria's future. heather: is the answer military intervention? we have more than a decade in iraq and afghanistan, we have last summer's devisive political debate over libya and a possible israeli attack in iran, people are war weary. is the answer military intervention? >> i'm not calling for american boots on the ground. but there are people there that are fighting right now, and i think like i said we've waited

so long, we are so far behind the power curve in organizing a resistance to the bashar al-assad regime i don't know if we can actually do it. i was very disturbed to hear last week in the newspapers, read in the newspapers about how the intelligence community doesn't quite have their arms around what is going on in syria. so i'm not calling for american intervention. we could potentially if we find the right people provide intelligence, provide secure communications gear and even arms if we feel like these are people we can back. we don't have to send american troops into syria. heather: all right, yeah when you look at those images of all the "little children" there in syria, they are images that i don't think we can forget. something has to be done. thank you for joining us. bill: 13 minutes before the hour, rick folbaum standing by. "happening now" rolls your way at the top of the hour. rick: coming up in a few minutes from now the colorado suspect james holmes will be in court

where a lot of the charges against him will be unveiled. we will are live outside the courthouse. we have in-depth analysis straight ahead. governor mitt romney making a strong impression in israel as he arrives at yet another important u.s. ally. he is on the ground in poland now. we will talk about the politics of the trip and how the media has been covering it. that is straight ahead. a ban on baby formula? not quite. but it could be getting closer in one u.s. city. we'll explain, that is coming up. back over to you. bill: kind of funky isn't it? rick: kind of. bill: see you in 12 minutes. first it was salt, then it was soda, now the baby formula. why is new york mayor mike bloomberg urging hospitals to lockup that whole baby bottle. heather: i want to know why, i'll stay tuned to find out. one michigan man learn the hard way why it's never okay to stand outside in the middle of a thunderstorm. >> i heard a big kaboom and next thing i know i'm we can, i'm just shaking like a leaf, and

was real, real weak.

heather: so you have soda, salt, they've taken fire from new york city mayor michael bloomberg. now he is going off baby formula the mayor wants hospitals to lockup baby formula as a way to encourage new moms to breast feed. starting september 3rd the city will keep tabs on the number of bottles that participating hospitals use. the plan is called latch on nyc. new mothers won't be denied formula but hospital staffers will speak to women about why breast milk is better for their babies. critics say it is nanny state all over again and dr. manny will be on "happening now" to tell you about the pros and the cons of breastfeeding. stay tuned for that. bill: i'd like to hear his

viewpoint. team usa making a strong showing at the london games. 24-year-old dana vollmer taking the gold. the u.s. ties china with a total of 11 medals overall, three of them gold for us. italy, south korea and france round out the top five. what will london be remembered for? can we say yet? amy kellogg is live on the ground in hropbd donned now. hey, amy. >> reporter: hi, bill. every olympics has its iconic strubgtd yourself. you probably remember beijing's birdsnest stadium. london being remembered for the opening ceremony that went over quite well would youing the world with its lights and dancers and hospital beds floating around, and mary poppins and the things that are part of that. the multipurpose stadium has diverted to its day job. we haven't seen it much yet

because it won't really be the spotlight again until the weekend when the track and field events get underway. the stadium itself, actually when it's not hosting the opening ceremony is kind of the least distreupbgt tiff of all the structures put up for london 2012 olympics. the observation tower will be something will remember. the aquatic center. the veladrome which is often called a pringle because it looks like a shrapblte slanted potato sip. the mayor is extremely proud of them all. >> it's like asking a tigress to choose between her cubs, this is -- i think they are all beautiful and distinguished buildings. >> reporter: bill, it cost london about $1.5 billion to build all of those olympic structures put together. bill: holy cow.

we'll see what happens next. amy thank you. we're enjoying the competition on this side of the atlantic, so job well done for the brits. friday night was kind of funky, some of the opening ceremonies. heather: the giant baby that appeared in the middle there, that was very odd. bill: creative was it not? i thought at the end it was really cool with the jet packs and the fireworks were outstanding. heather: yes, a big history lesson for us all. bill: that it was. go london. heather: the colorado movie massacre, the accused mass murderer expected to soon be brought into the courtroom where he will learn the mountain of charges that he's facing, charges that could lead to the death penalty. we are live when it happens. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle

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nice to be with you. martha out all week. >> love doing this. we'll see you then. all right? have a great day, everybody. happy birthday to alan. >> absolutely. >> he is our boss. see you tomorrow. >> we love him. bye. jenna: very happy birthday to alan. the suspect in the colorado movie massacre goes before a judge in just a short time to hear the formal charges he faces and one of the

worse mass shootings in u.s. history. we'll have all that covered for you. >> governor mitt romney in the thick of an overseas visit. what he is saying about israel's right to defend hit self and iran's nuclear capabilities jenna: what is behind the decision to make bill clinton the headline act. it is all "happening now." rick: we begin with a bit of a fox news alert. court action just minutes from now in the colorado movie massacre case. glad you're with us everybody, i'm rick folbaum in for jon. jenna: nice to have you with us rick. i'm jenna lee. we're half an hour away where suspected mass murderer james holmes will hear the formal charges which the rampage killed 12 and lefts to's it of dozen

dozen of others injured. holmes had the dyed reddish orange hair. he seemed dazed. this time around we'll not get a look at him because the judge banned cameras inside the courtroom. the judge issuing a gag order in the case. defense attorneys say it has been repeatedly violated pointing to recent leaks to the media and they will likely bring that up as an issue in today's hearing. alicia acuna is live in colorado with more. alicia? >> reporter: jenna, there are a few things on tap for today in addition to the filing of charges. james holmes will be in courtroom number 201 for the filing of charges in the expectation is that at minimum there will be 12 first-degree murder charges. there are two crime scenes that we know of. the theater where the shooting took place and. this is up to the direct attorney. >> carol chambers is